S.C.F.
Amendment Paper as at
Tuesday 28th March 2000
STANDING COMMITTEE F
REGULATION OF INVESTIGATORY POWERS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [14th March], as follows:—
Clauses 1 to 46, Schedule 1, Clauses 47 to 56, Schedule 2, Clauses 57 to 72, Schedules 3 and 4, Clause 73, New Clauses, New Schedules.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
49
Clause 12, page 13, line 45, after 'order', add ', a draft of which has been laid before Parliament and approved by a resolution of each House,'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
50
Clause 12, page 14, line 27, at end add—
'(aa) such persons appearing to him to be consumers of public postal services or public telecommunications services,'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
51
Clause 12, page 14, line 28, after '(a)', insert 'and (aa)'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
18
Clause 12, page 14, line 31, at end insert—
'(6A) Before giving a notice for the purposes of subsection (2) the Secretary of State shall obtain a certificate of technical approval from the Technical Approval Board.'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
98
Clause 12, page 14, line 31, at end insert—
'( ) A person on whom a notice under subsection (2) is served may, within seven days from the date on which the notice is served, appeal to the Court.
( ) An appeal may be brought on any of the following grounds—
(a) that such steps as may be specified or described in the notice are not technically competent for the purpose set out in subsection (1);
(b) that such steps are not proportionate to the purpose set out in subsection (1); or
(c) that such steps exceed what is necessary to achieve the purpose set out in subsection (1).
( ) On an appeal under this section, the Court may either cancel or affirm the notice, and, if it affirms it, may do so either in its original form or with such modifications as the Court may in the circumstances think fit.
( ) The Court to which an appeal may be made under this section shall be—
(a) in England and Wales or Northern Ireland, the High Court, and
(b) in Scotland, the Court of Session.'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
19
Clause 12, page 14, line 47, at end add—
'(9) In this section "a certificate of technical approval" means a certificate in writing given by the Technical Approval Board to the effect that the steps specified or described in the notice would be—
(a) technically competent for the purpose set out in subsection (1); and
(b) proportionate thereto.'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
149
Clause 13, page 15, line 1, leave out 'may, if he thinks fit' and insert 'shall'.
Mr Charles Clarke
54
Clause 17, page 19, line 3, at end insert—
'() Where any disclosure is proposed to be or has been made on the grounds that it is authorised by subsection (3), section 16(1) shall not prohibit the doing of anything in, or for the purposes of, so much of any legal proceedings as relates to the question whether that disclosure is or was so authorised.'.
Mr Richard Allan
Mr A. J. Beith
99
Clause 20, page 22, line 24, leave out 'or notice granted or given' and insert 'granted or order made'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
150
Clause 20, page 23, leave out lines 1 to 3.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
151
Clause 21, page 23, line 13, leave out 'designated for the purposes of this Chapter' and insert 'specified in section 6(2)'.
Mr Richard Allan
Mr A. J. Beith
100
Clause 21, page 23, line 14, leave out from 'necessary' to 'to' in line 15 and insert 'for the purpose of preventing or detecting serious crime'.
Mr Richard Allan
Mr A. J. Beith
101
Clause 21, page 23, line 16, leave out subsection (2).
Mr Harry Cohen
72
Clause 21, page 23, line 17, leave out from 'if' to end of line 33 and insert—
'failure to obtain the data would—
(a) prejudice the purpose of safeguarding of national security;
(b) prejudice the prevention or detection of crime;
(c) prejudice the prosecution or apprehension of offenders;
(d) prejudice the assessment or collection of any tax or duty;
(e) cause serious harm to the physical or mental health of any individual; or
(f) prejudice any purpose (not falling within paragraphs (a) to (e)) which is specified in an order made by the Secretary of State on the grounds that the purpose is necessary for reasons of the substantial public interest.'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
152
Clause 21, page 23, leave out lines 19 to 33 and insert—
'(b) for the purpose of preventing or detecting serious crime; and
(c) for the purpose of safeguarding the economic well-being of the United Kingdom.'.
Mr Richard Allan
Mr A. J. Beith
102
Clause 21, page 23, line 34, after '(5),' insert ', on an application by'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
153
Clause 21, page 23, line 34, leave out 'designated' and insert 'specified'.
Mr Richard Allan
Mr A. J. Beith
103
Clause 21, page 23, line 34, after 'person', insert ', a judge'.
Mr Richard Allan
Mr A. J. Beith
104
Clause 21, page 23, line 35, after 'for', insert 'the designated person or for'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
154
Clause 21, page 23, line 36, leave out 'designated' and insert 'specified'.
Mr Richard Allan
Mr A. J. Beith
105
Clause 21, page 23, line 37, at end insert '; and the application shall (unless the judge directs otherwise) be—
(a) made on notice to the person providing a postal service or telecommunications service to which the proposed conduct relates, and
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
155
Clause 21, page 23, line 38, leave out 'designated' and insert 'specified'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
156
Clause 21, page 23, line 40, leave out 'designated' and insert 'specified'.
Mr Richard Allan
Mr A. J. Beith
106
Clause 21, page 23, line 40, leave out ', by' and insert 'make an application to a judge on'.
Mr Richard Allan
Mr A. J. Beith
107
Clause 21, page 23, line 41, leave out 'require' and insert 'for an order requiring'.
Mr Richard Allan
Mr A. J. Beith
108
Clause 21, page 23, line 43, after 'to', insert 'take reasonable steps to'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
20
Clause 21, page 23, line 46, at end insert—
'(4A) Where it appears to the designated person that a postal or telecommunications operator is not or may not be in possession of, but is or may be capable of obtaining any communications data, the designated person shall not give a notice under subsection (4) unless he has obtained a certificate of technical capability from the Technical Approval Board.'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
21
Clause 21, page 23, line 46, at end insert—
'(4B) In this section "a certificate of technical capability" means a certificate in writing given by The Technical Approval Board to the effect that the postal or telecommunications operator—
(a) is technically capable of obtaining the communications data, or
(b) could be technically capable of obtaining the communications data if certain steps were taken, and the certificate—
(i) specifies or describes such steps; and
(ii) certifies that the taking of such steps would be proportionate to what is sought to be achieved by so obtaining the data.'.
Mr Richard Allan
Mr A. J. Beith
109
Clause 21, page 24, line 1, leave out 'designated person' and insert 'judge'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
157
Clause 21, page 24, line 1, leave out 'designated' and insert 'specified'.
